Court decisions & case law

Judgment[2022] KEHC 1806820 December 2022

Judgment[2020] KEHC 87916 December 2020

Mohamed Adbikadir Mohamed v County Government of Wajir & 3 others; Office of the Administrative Justice & another

High Court at NairobiPeace,judge High CourtCase number Petition 50 of 2020

Division and case type: Constitutional and Human RightsPetition

I therefore find that the application for revision dated 29th July, 2020 is devoid of any merit and is hereby dismissed. The exparte orders granted on 30th July, 2020 staying the lower court proceedings are automatically vacated by the dismissal of the application.

17 min read

Judgment[2017] KECA 12120 December 2017

Aggrey Chiteri v Republic of Kenya

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,MarubeCase number Civil Appeal 292 of 2014

Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: KOOME, OKWENGU & KANTAI, JJ.A.) CIVIL APPEAL NO. 292 OF 2014 BETWEEN AGGREY CHITERI…………………….........................APPELLANT AND REPUBLIC OF KENYA……....…..…………………..…RESPONDENT (An appeal from the Judgment of the High Court of Kenya at Nairobi (Majanja J.), dated 30th May, 2014 in High Court Petition No.

Appeal grantedAllowed18 min read

Judgment[2004] KEHC 35522 November 2004

No v ember

High Court at Machakosthe,court under the Civil Procedure Rules,Mwangangi

Division and case type: GeneralUnclassified

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No.

application is hereby struck outDismissed2 min read

Judgment[1999] KECA 8019 September 1999

FRED KIPCHUMBA CHEPKWONY v REPUBLIC

Court of Appeal at NairobiEtyang,judge High Court,JUDGE APPEALCRIMINAL APPEAL NO. 27 OF 1999

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH & BOSIRE JJ.A) CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC....................................................................RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya in Embu (Mr.

2 min read

Judgment[1998] KEHC 11030 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobime on,Mitambo,Gatonye,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Mitambo Defendant,Mitambo We,Gatonye says Co,Gatonye They,Gatonye Give,Rachu,Rao,Gatonye last Friday,Gatonye serve Mr,Muruthi,Koyoko,MitiamboCase number Civil Case 933 of 1996

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 933 of 1996 CONTINENTAL DEVELOPERS LTD............................................................. PLAINTIFF VERSUS SAUTI HOUSING CO-OPERATIVE SOCIETY LTD................................

application succeedsAllowed2 min read

Judgment[1998] KEHC 17930 September 1998

CONTINENTAL DEVELOPERS LTD v SAUTI HOUSING CO-OPERATIVE SOCIETY

High Court at Nairobiit was fully paid on condition that out of theloan of shs,Gatonye,Mitambo,Ogano,Rachi,Rachi applicant Mr,Rachi Applicant,Kariuki,Kariuki Mr,Mitambo Defendant,Mitambo We,Gatonye says Co,Rachi proceed Mr,Gatonye They,Gatonye Give,Rachu,Rao,Gatonye last Friday,Rachi We,Rao If,Gatonye serve Mr,Rao absent Mr,Muruthi,Koyoko,MitiamboCivil Case 933 of 1996

Division and case type: CivilCivil Case

application succeedsAllowed2 min read

Judgment[1997] KEHC 498 April 1997

ELIUS GACHII KARANJA v CONCORD INSURANCE COMPANY LIMITED

High Court at NairobiJUDGE APPEAL,judge High Court,Hamilton QCCIVIL CASE NO. 1426 OF 1993

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 1426 OF 1993 ELIUS GACHII KARANJA .................................

9 min read

Judgment[1995] KECA 1275 November 1995

Kamlesh Mansuklal Damji Pattni v Republic

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,Rebelo,Chunga,Rao,Rao argues Mr,Rao MrCase number Criminal Appeal 88 of 1995

Division and case type: CriminalCriminal Appeal

pursuant to the appellate powers of that court. The section does not expressly state that all such orders shall be appealable to this Court.

10 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

was not a party to the suit in the superior court; and the learned trial judge’s error in making orders regarding the burial of the deceased which were incapable of performance. In regard to the foregoing grounds of appeal, counsel for the appellants, Miss Abida Ali who appeared with Miss Betty Murungi, submitted that the fact that the deceased became apostate did not dissolve his marriage to the rst appellant as there was no evidence that that fact was communicated to her.

appeal allowedAllowed67 min read

Judgment[1995] KECA 13213 March 1995

Francis Wainaina v Kenya Commercial Finance Company Limited

Court of Appeal at NairobiAluoch,judge High Court,JUDGE APPEALCase number Civil Appeal 116 of 1987

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram:Gachuhi, Akiwumi & Lakha JJ A ) CIVIL APPEAL NO 116 OF 1987 Between FRANCIS WAINAINA ....................................................APPELLANT AND KENYA COMMERCIAL FINANCE CO. LTD...............RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Lady Justice Aluoch) dated 25th day of February, 1987 in HCCC No 2539 of 1981) ********************* JUDGMENT OF THE COURT The appellant won a contract to supply Kenya Breweries with

appeal failsDismissed14 min read

Judgment[1994] KECA 10923 November 1994

G. B. M. Kariuki v Fred Kwasi Apaloo

Court of Appeal at NairobiAluoch,Kenya,Courts,suggested Hon Matiba,judge High Court,JUDGE APPEALCase number Civil Appeal 122 of 1994

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI ( Coram: Gachuhi, Omolo & Akiwumi JJ A) CIVIL APPEAL NO. KARIUKI ……………….................................…………….……………….APPELLANT AND HON.

appeal is dismissedDismissed17 min read

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

prospective petitioner is to strictly adhere to and observe the rules prescribed in the procedure in order to be able to enjoy the rights to which he is entitled under the Constitution. So if the petitioner has failed to meet any obligation which happens to be of a mandatory nature then it will equally defeat the purpose of the Constitution and the Act if the breach of the mandatory obligation is viewed with a blind eye.

76 min read

Judgment[1993] KEHC 2020 September 1993

PRUDENTIAL FINANCE LIMITED v JOHNSON NGANGA MBUGUA

High Court at NairobiDugdale,Bunei,Kariuki,Mutua,Mbugua,WilsonKipkoti Managing Director,Kipkoti,Wilson Kipkoti,NgugiCase number Civil Suit 3512 of 1990

Division and case type: CivilCivil Suit

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS Civil Suit 3512 of 1990 PRUDENTIAL FINANCE LIMITED........................... PLAINTIFF VERSUS JOHNSON NGANGA MBUGUA............................DEFENDANT

14 min read

Judgment[1993] KEHC 13829 August 1993

Mathigu v Mwaura

High Court at Mombasathe,attached goodsCase number Civil Case 823 of 1991

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL CASE NO 823 OF 1991 MATHIGU………...…… APPLICANT VERSUS MWAURA……..…………. DEBTOR RULING This is an application by the objector to the attachment of motor vehicle KXK 245 in execution of the decree in this suit.

3 min read

Judgment[1992] KEHC 16418 May 1992

Gabriel Ndungu Kinuthia v George W Waweru

High Court at Eldoretthe,defence was filed in the case an out of Court settlement had been reached between the plaintiffCase number Civil Case 61 of 1991

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CIVIL CASE NO 61 OF 1991 GABRIEL NDUNGU KINUTHIA.........................APPLICANT VERSUS GEORGE W WAWERU................................RESPONDENT RULING On 27th December 1991, the plaintiff/applicant filed a suit against the defendant/respondent and claimed from him both general and special damages arising out of an accident which occurred on 16th June 1989 along Nyeri-Nyahururu Road in which the plaintiff/applicant sustained severe injur

3 min read

Judgment[1992] KEHC 1478 January 1992

John Opiyo Arunga v Republic

High Court at Kisumuthe,magistrateCase number Criminal Revision 13 of 1991

Division and case type: CriminalMiscellaneous Criminal Application

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CRIMINAL REVISION NO 13 OF 1991 JOHN OPIYO ARUNGA..........................APPELLANT VERSUS REPUBLIC...........................................RESPONDENT REVISION This is an application for a revision under sections 362, 364, 365 and 367 of the Criminal Procedure Code. The application has been filed by M/s Gumba Onywera & Company Advocates for the applicant John Opiyo Arunga and it arises out of a Miscellaneous Criminal Application No 12 of

3 min read

Judgment[1991] KECA 828 August 1991

Bandali t/a Shimoni Enterprises v Wills

Court of Appeal at MalindiShields,judge High CourtCase number Civil Application 12 of 1991

Division and case type: CivilCivil Case

Court for want of prosecution be set aside. The learned judge while setting aside the dismissal order declined an application for leave to appeal without assigning any reasons.

Application dismissedDismissed8 min read

Judgment[1991] KEHC 178 May 1991

Imanyara v Republic

High Court at Nairobijudge High Court,Judge Court,HeCase number Criminal Application 190 of 1991

Division and case type: CriminalCase number Criminal Application

Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application . Criminal Practice and Procedure – bail – whether an applicant is entitled to apply for bail as many times as he can – section 123(3) Criminal Procedure Code.

15 min read

Judgment[1990] KECA 2519 February 1990

MUNGA CONCRETE WORKS LTD v INDUSTRIAL DEVELOPMENT BANK LTD

Court of Appeal at NairobiJudge specifically holds HCCC,JUDGE APPEAL,KariukiCivil Case No 3131 of 1988

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPEAL 18 OF 89 Munga Concrete Works Ltd.......................appellant v Industrial Development Bank Ltd..............respondent Judgment. The background facts giving rise to this appeal can be stated briefly.

appeal is allowedAllowed6 min read